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LEE v. CHUMLEY LUMBER COMPANY

No. 452.

465 S.W.2d 414 (1971)

Betty Joe LEE et al., Appellants, v. CHUMLEY LUMBER COMPANY, Inc., et al., Appellees.

Court of Civil Appeals of Texas, Houston (14th District.).

Rehearing Denied April 14, 1971.

Attorney(s) appearing for the Case

L. Giles Rusk, Houston, for appellants.

Tom W. Foster, Weitinger, Bradshaw & Foster, Houston, for appellees.

SAM D. JOHNSON, Justice.

This wrongful death action was brought by the widow and children of John D. Lee who was killed on December 26, 1966 in a motor vehicle collision. The defendants were Chumley Lumber Company and its driver, Paul Wayne Chumley, and also Whitney Truck Lines, Whitney Trucking Co. and Milton J. Whitney (hereinafter referred to as "Whitney"). Before the jury selection began the trial court granted the plaintiffs' motion for a non-suit as to Chumley...

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